Agency for Dispute Resolution

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Alec B. Wisner


Civil Articles

Civil Mediation Articles


Mediation and Lawyers

(7/24/21)Oran Kaufman

A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”

Who Should You Call When in Conflict?

(7/21/21)Janet Chance

Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?

Charting a Middle Course for Court-Connected Mediation

(7/06/21)John Lande

I wrote this article growing out of the lively discussion in a program on fairness.

Certainty Does Not Equate to Accuracy!

(7/06/21)Phyllis Pollack

In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.

Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR

(7/02/21)Susan Yates

RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.

Retaining Your Assets in Divorce

(7/02/21)Denise French

After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.

City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative

(6/11/21)Lydia Vanderkaay, Dan Simon

"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"

“Noise” is not Bias!

(6/04/21)Phyllis Pollack

I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.

Mediation and Access to Justice for All: The Case of Unrepresented Parties

(5/16/21)Bongkiyi John Paul

Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Announcing the Launch of the New and Improved Arbitrate.com

(3/09/21)Amy Schmitz, Colin Rule

After many months of work, we are very proud to announce the launch of a new Arbitrate.com site, sporting a sleek design and a powerful set of updated features and capabilities. Please consider joining Arbitrate.com and sign up for our free Arbitration Today newsletter.

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

CEDR’s Eileen Carroll: Her Mediation Story

(2/26/21)Antranik Chekemian

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly

(1/22/21)Michael Diliberto

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.

The Vanishing Jury Trial and Other Important Lessons for Mediators

(1/22/21)Bruce Edwards

The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.

Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations

(1/22/21)James Ware

As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(12/07/20)Ariel Kirzner, Bruce Ally

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.

APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

(10/30/20)Bruce Edwards

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

The Lawyerization of the Mediation Process

(10/03/20)Mary Salisbury

Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the norm for mediating a couple going through divorce was shuttle mediation.

When Three Becomes a Crowd

(9/04/20)Keri Morris

An example of how dispute resolution can help when the courts can’t.

Comparing Mediation Websites

(8/17/20)Jim Melamed

According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

The Enugu State Multi-Door Courthouse (ESMDC)

(8/07/20)Chinwe Egbunike-Umegbolu

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.

Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution

(7/31/20)Colin Rule

This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.

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Agency for Dispute Resolution
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